- Chief Compliance Officer and VP of Legal Affairs, Arrow Electronics
By 
Aaron Nicodemus2024-06-28T14:57:00
The Supreme Court of the United States (SCOTUS) ruled that the Securities and Exchange Commission’s (SEC) practice of using in-house tribunals overseen by an administrative judge to adjudicate securities fraud cases is unconstitutional.
In a 6-3 decision, issued Thursday, SCOTUS ordered the SEC to file complaints involving securities fraud in federal court. The ruling effectively strips away an alternative venue considered to be a home-court advantage by critics of the agency.
The court’s majority, led by Chief Justice John Roberts, wrote, “A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator.”
The minority opinion, written by Justice Sonia Sotomayor, argued the court was reversing longstanding precedent, cutting back on the authority of administrative agencies.
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